V K Srivastava v. State & ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3455/2017 V K SRIVASTAVA ..... Petitioner Through:
Mr.
Arun Malik and Ms.
Shruti Sharma, Advs. along with petitioner in person.
versus STATE & ORS ..... Respondents Through:
Ms. Meenakshi Dahiya, APP with SI Varun, P.S. Hauz Khas.
Respondent No. 3 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 07.02.2018 It is submitted that property disputes between the petitioner and respondent nos. 2 and 3 had led to registration of FIR No. 821/2014 under Section 420 IPC at police station Hauz Khas. It is further submitted that petitioner and respondent nos. 2 and 3 have settled their disputes amicably vide Memorandum of Understanding dated 28th November, 2014, therefore, FIR No. 821/2014 under Section 420 IPC registered at police station Hauz Khas may be quashed. Respondent no. 3 is present in Court and has been identified by SI Varun of police station Hauz Khas. She also holds the Special Power of Attorney executed by her husband, that is, respondent no.2 in her favour. Affidavit of respondent no.2 has also been placed on record
wherein he has stated that he has entered into a Memorandum of Understanding dated 28th November, 2014 with the petitioner and has no objection in case the FIR is quashed. Respondent no.3 submits that settlement has been arrived at between the petitioner and respondent nos. 2 and 3 voluntarily and without any undue force, pressure or coercion. She further submits that entire settled amount of `4.5 crores has been received by her and her husband jointly. She has no objection in case FIR is quashed. Keeping in mind that the settlement arrived at between the accused and complainant, I am of the view that no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
FEBRUARY 07, 2018 ga